No charges in 4-year-old’s drowning

TANA ROSStross@hcnonline.com

Published 7:00 pm, Monday, June 16, 2008

Despite rumors, no charges have been filed in the drowning of 4-year-old Donald Lee Dixon Jr. on Monday, June 2. Montgomery County Sheriff’s Department Public Information Officer Lt. Dan Norris said the case is not closed.

“The case is under investigation,” he said.

Dixon drowned in a neighbor’s unfenced inground pool. Dixon was the son or 24-year-old Misty Lindsey and 24-year-old Donald Dixon and the older of two children, including a 4-month-old sister. Dixon’s uncle, L.C. Downing, said his nephew was missing for 5 minutes from the yard shared by the family and the children’s grandmother, Delphia Dixon, at the end of Little Brook Lane near Nichols Sawmill Road.

“He never ventured out of the yard. He had gone over to play with my nieces, who were at my mother’s house next door,” he said. “Misty looked out the window and noticed they were not in the yard and began calling for him right away.”

Neighbor Janet O’Pry who has lived on the street for more than 30 years, a short distance from the Dixons, agreed with Downing.

“I never saw him out of his yard,” she said.

The pool where Dixon was found is in the backyard of Tammy and Klaus Grote. The Grote’s property is about 200 yards from the Dixon house. Tammy Klaus said she had no idea children were living in the unfenced, rural neighborhood. Donald Dixon moved his family in 18 months ago, according to Downing.

The Grote’s had begun installing a backyard fence more than a year ago, but the project halted due to a debris pile. Tammy Grote said the fence is now a number one priority. In addition, Downing said neighbor Larry O’Pry has offered to help him fence his property where his mother and brother live.

Serving as spokesman for the Dixon family, Downing, a reserve peace officer with the Wharton County Constable’s Office, said Lindsey and Dixon are overwhelmed with grief and unable to talk about the drowning. He said Montgomery County Children’s Protective Services were at his brother’s home the day after the drowning, Tuesday, June 3 and again on Friday, June 6, an hour after Bubba Dixon’s funeral.

“I think Donald and Misty understand. When it comes to CPS there is no right or wrong way,” he said. “I’ve explained to my brother that CPS is protecting his other child.”

Downing said Montgomery County DPS made an appointment to interview his nieces on Wednesday, June 10, as well.

Within days of the accident, Downing said Lindsey began focusing on preventing other children from drowning. She and Downing are beginning efforts to see Donald’s Law drafted, requiring all inground pools in Texas to be fenced. Downing said they have contacted State Rep. Rob Eissler’s office several times and are waiting for a return call.